Employee and Employer Contributions
401(k) plans often include both employee contributions (money the employee chooses to defer) and employer contributions (such as employer match or profit-sharing). During divorce, a QDRO typically focuses on dividing the “marital portion,” which can include both types.
Magnus landscaping corporation’s plan may include employer matching contributions that may not be fully vested. Dividing employer contributions only makes sense if those funds are vested. Make sure to find out:
- Whether the employer has made contributions
- If those contributions are subject to a vesting schedule
- If the non-employee spouse is claiming an interest in those funds

